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Blatant attacks on constitutional stature such as those in Bowers and Carhart are relatively few and far between. But although justices more often than not manage to explain their decisions without directly challenging the losers' constitutional stature, they nonetheless find ways to call constitutional stature into question more subtly and indirectly. This chapter explores how judicial untruthfulness about what is at stake for constitutional losers puts constitutional stature at risk.

Blatant attacks on constitutional stature such as those in Bowers and Carhart are relatively few and far between. But although justices more often than not manage to explain their decisions without directly challenging the losers' constitutional stature, they nonetheless find ways to call constitutional stature into question more subtly and indirectly. This chapter explores how judicial untruthfulness about what is at stake for constitutional losers puts constitutional stature at risk.